The USPTO announced this week the Streamlined Claim Set Pilot Program, designed to test whether limiting claim sets can improve examination quality and reduce patent pendency.
Under this new pilot, pending non-continuing utility applications that include no more than one independent claim and ten total claims may be advanced out of turn for their first Office action.
Applicants can bring existing applications into compliance by filing a preliminary amendment.
To participate, applicants must submit Form PTO/SB/472 (Certification and Petition to Make Special). Each Technology Center will accept approximately 200 applications into the program.
This pilot represents another step in the USPTO's ongoing effort to modernize and streamline examination processes—a potential advantage for startups and innovators seeking faster examination and grant of patents on recent innovations.
More details are available in the Federal Register and on the USPTO's Patent Related Notices page.
The Trade-Off: Efficiency vs. Comprehensive Coverage
Smaller claim sets limited to a single independent claim, as is common in other jurisdictions like Europe and Japan, can improve efficiency and reduce additional restriction practice during examination of individual applications. However, complex inventions may require additional patent applications to get similar scope of patent coverage, increasing the overall number of applications to be filed and examined. What are your thoughts on this patent examination trade-off?
Learn more about it in the Federal Register: https://lnkd.in/gu2uJGgm